ted the rise in the funds that took place on the
21st.
Gentlemen, it is said that he made a very large profit; that will not
prove much, because he was making this sort of profit on several
occasions before. What was the general habit of his business, as to the
Stock Exchange? Why, that he was content with a very small profit,
constantly telling his brokers, that whenever they could get a profit
they were to sell, and he was acting in the very same way, until the day
on which this transaction took place.
Gentlemen, I have also to observe particularly, that though he did go
into the city on the Monday morning, he was in the habit of going every
morning; he did not get there any earlier on that day than on any
previous day, and so far from his being concerned in the sale of this
stock, a very considerable quantity (Hichens speaks to L.50,000) had
been sold before he or any one of these gentlemen came there; how is it
possible therefore to say, from the circumstance of his being possessed
of this stock, and selling it, that he was implicated in this
transaction; on the contrary, I ask you, looking at the whole of this
evidence, ask yourselves this plain question, whether he was not selling
on the 21st upon the same principles as he had been selling to an
immense amount on the preceding days on which sales had been had?
Gentlemen, with respect to profit, I believe that will appear somewhat
different from what it has been stated, if you cast up the amount of
profits. We are sought to be charged with a fraud. Why? because these
three gentlemen all together made a sum of L.10,000, which, however,
these gentlemen of the Stock Exchange have put their hands upon, and
nobody is likely to get at, as they state it; I believe the whole did
not amount to more than L.6,000, but the prosecutors state it at
L.10,000, that is to be divided among the three, another person taking a
share too; but if profits have any thing to do with it, you will find
the sales made by Mr. Cochrane Johnstone alone on the 17th, produced a
profit of above L.8,000; how, therefore, can you presume, merely from
the circumstance of the profits made on the 21st, that he was connected
with this conspiracy? Gentlemen, he was near the Stock Exchange, and if
in the secret, he certainly would have availed himself of the practice
to which I have alluded, namely, selling at a favourable moment, stock
he was not in the possession of; all the brokers have been examined
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